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NEWBORN PULSE OXIMETRY SCREENING FOR CRITICAL CONGENITAL HEART DEFECTS Model Legislation An Act concerning newborn screening: 1. The Legislature finds and declares that: a. Whereas, congenital heart defects are structural abnormalities of the heart that are present at birth; Congenital heart defects range in severity from simple problems such as holes between chambers of the heart, to severe malformations, such as the complete absence of one or more chambers or valves; some critical congenital heart defects can cause severe and life-threatening symptoms which require intervention within the first days of life; b. Whereas, congenital heart defects are the No. 1 killer of infants with birth defects; c. Whereas, according to the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects approximately seven to nine of every 1,000 live births in the United States and Europe; d. Whereas, hospital costs for all individuals with congenital heart disease can total $2.6 billion dollars/year; e. Whereas, current methods for detecting congenital heart defects generally include prenatal ultrasound screening and repeated clinical examinations can identify many affected newborns; these screenings, alone, identify less than half of all cases, and critical congenital heart defect cases are often missed during routine clinical exams performed prior to a newborn's discharge from a birthing facility; f. Whereas, pulse oximetry is a non-invasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen; when performed on a newborns in delivery centers is effective at detecting critical, life-threatening congenital heart defects which otherwise go undetected by current screening methods; g. Whereas, newborns with abnormal pulse oximetry results require immediate confirmatory testing and intervention; and many newborn lives could potentially be saved by earlier detection and treatment of congenital heart defects if birthing facilities in the State were required to perform this simple, non-invasive newborn screening in conjunction with current congenital heart disease screening methods. 2. Be it enacted that birthing facilities shall be required to perform critical congenital heart defect screening using pulse oximetry. a. As used in this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health that provides birthing and newborn care services. b. The Department of Health shall require each birthing facility to perform a critical congenital heart defect screening using pulse oximetry on every newborn in its care prior to discharge from the birthing facility. c. The Secretary of the Department of Health shall adopt rules and regulations necessary to carry out the purposes of this act. 3. This act shall take effect 90 days after its enactment.